CITY COUNCIL

City of Marietta 205 Lawrence Street Post Office Box 609 Marietta, Georgia 30061 Meeting Agenda CITY COUNCIL R. Steve Tumlin, Mayor Cheryl Richardson, Ward 1 Grif Chalfant, Ward 2 Johnny Walker, Ward 3 Andy Morris, Ward 4 M. Carlyle Kent, Ward 5 Andre L. Sims, Ward 6 Joseph R. Goldstein, Ward 7 Wednesday, February 8, 2023 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Cheryl Richardson - Ward 1 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20230143 Museum Professional of the Year Presentation of the Museum Professional of the Year from the Georgia Association of Museums to Christa McCay, Marietta History Center’s Collections Manager. Presented by Council Member Johnny Walker PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 20 minutes. City of Marietta Page 1 Printed on 2/8/2023 5:52:25PM CITY COUNCIL Meeting Agenda February 8, 2023 20230081 Scheduled Appearance Scheduled Appearance - Brian Leggett CONSENT AGENDA: Consent agenda items are marked by an asterisk (*). Consent items are approved by majority of council. A public hearing will be held only for those items marked by an asterisk that require a public hearing (also noted on agenda). MINUTES: * 20230090 Regular Meeting - January 11, 2023 Review and approval of the January 11, 2023 regular meeting minutes. * 20230093 Executive Session Minutes Review and approval of the following executive session minutes: June 7, 2021 Agenda Work Session June 29, 2021 Special Called Agenda Work Session August 4, 2021 Agenda Work Session October 11, 2021 Agenda Work Session December 6, 2021 Agenda Work Session MAYOR’S APPOINTMENTS: * 20230063 Marietta Historic Board of Review Mayor’s Appointment Reappointment of Christopher G. Brown to the Marietta Historic Board of Review as the Mayor’s Appointment, for a two (2) year term, expiring February 12, 2025. CITY COUNCIL APPOINTMENTS: * 20221178 Historic Board of Review Appointment (Ward 7) Appointment of Martin C. Kendall to the Historic Board of Review Ward 7 for a two (2) year term, expiring February 12, 2025. * 20221195 Historic Preservation Commission Appointment (Ward 1) Reappointment of Steve Imler (Ward 1) to the Marietta Historic Preservation Commission (Ward 1), for a 3-year term expiring February 11, 2026. City of Marietta Page 2 Printed on 2/8/2023 5:52:25PM CITY COUNCIL Meeting Agenda February 8, 2023 ORDINANCES: 20221184 Z2023-03 [VARIANCE] BRANDON & ANNA KATHERYN DUQUETTE Z2023-03 [VARIANCE] BRANDON & ANNA KATHERYN DUQUETTE are requesting the rezoning of 0.3 acres located in Land Lot 1146, District 16, Parcel 0010 of the 2nd Section, Cobb County, Georgia, and being known as 444 Campbell Hill Street from R-4 (Single Family Residential - 4 units/acre) to R-4 (Single Family Residential - 4 units/acre) with an additional use to allow a paying tenant in an accessory dwelling unit. Ward 4B. Planning Commission recommends Approval as Stipulated Ms. McCrae made a motion, seconded by Mr. Smith, to approve the request as stipulated with the exclusion of the variance to allow grave/slate chips as an acceptable parking surface . The motion carried with a vote of 5 0 0. Should council approve the request, the following stipulations and variances would be incorporated as conditions of zoning: Stipulation: 1) Variance to reduce the side yard setback along the northern property line from 10 feet to 5 feet (to accommodate both the existing home and proposed addition) [§708.04 (H)]. 2) Variance to reduce the rear yard setback for an accessory dwelling unit to 20 feet. [§708.04 (C.1.g). Recommended to be excluded: 3) Variance to allow gravel/slate chips as an acceptable parking surface [§716.08 (A&B). Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20230144 Denial of Claim Denial of Claim for Ernest Wagoner. CITY MANAGER'S REPORT: MAYOR'S REPORT: City of Marietta Page 3 Printed on 2/8/2023 5:52:25PM CITY COUNCIL Meeting Agenda February 8, 2023 COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20230060 Tree Preservation Fund (Target) Motion to approve an Ordinance for an amendment to the Fiscal Year 2023 Tree Preservation Fund budget to receive and appropriate a payment of $1,677.50 for construction activity at 2199 Cobb Parkway South. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20230042 Final Plat - Fairgate Townhomes Motion to approve the final plat for 718 Fairgate Road for the construction of six (6) townhomes (Z2021-03). * 20230043 Code Amendment - Section 718.02 Administrative Variances Motion to authorize staff to advertise an amendment to Section 718.02 Administrative Variances to reflect recent fee changes. * 20230059 Fee Chart Ordinance Amendment Motion to approve ordinance amendments associated with approved City Fee Chart revisions effective January 1, 2023. Serves to refresh fee amounts embedded throughout the City’s code sections. 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson City of Marietta Page 4 Printed on 2/8/2023 5:52:25PM CITY COUNCIL Meeting Agenda February 8, 2023 * 20230044 2023 Street Closure and Associated Alcohol Sales and Consumption Requests Motion authorizing street closures and alcohol sales and consumption for the following city sponsored and/or city sanctioned events held in calendar year 2023 as presented. Street Closures: · Marietta The Gathering · Glover Park Concert Series · Taste of Marietta · May-retta Daze Spring Arts and Crafts Festival · Juneteenth · Fourth in the Park · Art in the Park · Chalktoberfest · HarvestFest · Marietta Reads · MUST Ministries Gobble Jog Events Requesting Alcohol Sales: · Taste of Marietta · Art in the Park · Chalktoberfest Council Member Goldstein discloses that he is a member of the Marietta Cobb Museum of Art. Council Member Goldstein discloses that he is a member of the Board of Directors of the Marietta Visitor's Bureau by virtue of being appointed by the Marietta City Council. Council Member Goldstein discloses that Paula Shea is a member of the Downtown Marietta Development Authority. Paula Shea is the aunt of Council Member Goldstein. Council Member Goldstein discloses that members of his family and/or entities owned by himself and/or members of his family own property in downtown Marietta. Council Member Goldstein abstaining City of Marietta Page 5 Printed on 2/8/2023 5:52:25PM CITY COUNCIL Meeting Agenda February 8, 2023 * 20230046 Summer Camp Grant Funding Motion to approve submission of 2023 summer camp grant funding from the American Rescue Plan Act for the Building Opportunities for Out-of-School Time (BOOST) Grant Program, established through the Georgia Statewide Afterschool Network (GSAN) and the Georgia Department of Education (GaDOE) administered by the Georgia Parks and Recreation Association (GRPA). * 20230064 West Dixie Park Motion to allocate up to $100,000 from the 2009 Parks Bond for the immediate beautification of the West Dixie Park. 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20230078 Administrative Correction Motion to approve Administrative Correction to the Pay & Classification Schedule. 20230152 City Clerk Compensation and Contract Motion to approve compensation and employment contract for Stephanie E. Guy per City Code Section 4-4-2-030.C. 20230153 Administrative Assistant to the Mayor Compensation and Contract Motion to approve compensation and employment contract for Elizabeth S. Kelley per City Code Section 4-4-2-030.C. 20230154 Board of Lights & Water General Manager Compensation Motion approving compensation for Ronald J. Mull as per the attached document retroactive to January 1, 2023. The General Manager will also participate in across the board increases provided to general employees as approved by the City Council. 20230155 City Manager Compensation and Contract Motion to approve compensation and employment contract for William F. Bruton Jr. per City Charter Section 4.2 and per City Code Section 4-4-2-030.C. City of Marietta Page 6 Printed on 2/8/2023 5:52:25PM CITY COUNCIL Meeting Agenda February 8, 2023 20230156 Municipal Court Prosecuting Attorney Compensation and Contract Motion to approve an ordinance fixing compensation for Benjamin F Smith and amending the employment agreement. Compensation is fixed by ordinance per City Charter Sections 4.11(a)(5) and 6.6(b). 20230157 Municipal Court Judge Compensation and Contract Motion to approve an ordinance fixing compensation for Lawrence E. Burke and amending the employment agreement. Compensation is fixed by ordinance per City Charter Sections 4.11(a)(1) and 6.2(b). 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20230053 Holiday Street On-Street Parking Motion authorizing a no parking zone to be installed along both sides of Holiday Street from Lawrence Street to the dead-end with an estimated cost of $500.00. Ward 5A Motion to Table and refer back to the Public Works Committee. * 20230054 Keeler Woods Drive Speed Study Motion authorizing Public Works to conduct the speed study of Keeler Woods Drive from Atwood Drive to Darien Way to determine if traffic calming devices are needed. Ward 4A 20230055 Victory Drive Traffic Calming Proposal Motion authorizing Public Works to install the three (3) speed tables, reduce lane width to 10 feet, and the installation of a 3 way stop at North Park Drive with new ADA and pedestrian access on Victory Drive with the estimated costs at $20,000.00. Ward 1A Public Hearing Required OTHER BUSINESS: City of Marietta Page 7 Printed on 2/8/2023 5:52:25PM CITY COUNCIL Meeting Agenda February 8, 2023 20220883 V2022-34 [VARIANCE] ARIADNE NIKIFOROU V2022-34 [VARIANCE] ARIADNE NIKIFOROU is requesting variances for property zoned CRC (Community Retail Commercial), located in Land Lot 1235, District 16, Parcel 0880, 2nd Section, Marietta, Cobb County, Georgia, and being known as 670 Roswell Street. Variance to allow an automotive repair shop (including paint and body) within 200 feet of a property used for a school or park; variance to allow an automotive repair shop (including paint and body) within 200 feet of a property zoned R-4; variance to allow an automotive repair shop (including paint and body) operate within the Commercial Corridor Design Overlay - Tier A; variance to allow tree removal within the existing buffer to be replaced with one row of evergreen trees; variance to allow gravel as an acceptable parking surface, only as shown on the attached application. Ward 1A. Tabled at the November 9, 2022 and December 14, 2022 City Council meetings Public Hearing (all parties sworn in) * 20230145 MEAG Power 2023 Sale of Excess Reserve and Supplemental Capacity/City of East Point Motion to approve a recommendation by the Board of Lights and Water to approve the opinion letters regarding MEAG Power Sale of excess reserve capacity and supplemental capacity to the City of East Point on behalf of the City of Marietta. * 20230146 MEAG Power 2023 Sale of Excess Reserve Capacity/City of East Point Motion to approve a recommendation by the Board of Lights and Water to approve of the attached agreement allowing the Municipal Electric Authority of Georgia (MEAG) Power to sell 2023 excess reserve capacity, on our behalf, to the City of East Point, and to authorize the Mayor/ Chairman to execute this agreement for the specified amounts. * 20230147 MEAG Power Sale of Supplemental Capacity/City of East Point Motion to approve a recommendation by the Board of Lights and Water to approve the Sale of Supplemental Capacity to the City of East Point and to authorize the Mayor/ Chairman to execute this agreement for the specified amounts. City of Marietta Page 8 Printed on 2/8/2023 5:52:25PM CITY COUNCIL Meeting Agenda February 8, 2023 * 20230148 Allgood Road at Merritt Road Improvements Project - 991 Allgood Road Motion authorizing acquisition of a portion of the property and easements at 991 Allgood Road from Edgar Darden Borders for the purpose of constructing the Allgood Road at Merritt Road Improvements Project in exchange for $3,080.00 and the following stipulations. 1. There will be no barriers in the road that will impede our turning left (East) from our driveway. We understand traffic may impede that turn during heavy traffic times. 2. The trees on the left of the driveway when you go up, (west) are outside the construction area and will not be disturbed. Do not damage those trees. 3. The Holly tree on the Right side going up the driveway, east, may need to be removed, we understand. 4. The White Fringe tree behind the Holly, may need some branches trimmed for construction. Do not damage this tree. 5. Any gravel or dirt that is leftover, can be left and we will move it. 6. We will dig up the day lilies and move them for you. * 20230091 BLW Actions of February 6, 2023 Review and approval of the February 6, 2023 actions and minutes of the Marietta Board of Lights and Water. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 30 minutes. ADJOURNMENT: City of Marietta Page 9 Printed on 2/8/2023 5:52:25PM